There are two papers in the subject. Paper I is Theory of 3 hours and 70 marks. Paper II is Project Work of 30 marks. In Paper I, Part I (20 marks) consists of compulsory short answer questions covering the entire syllabus.
Part II (50 marks) consists of eight questions out of which you required to answer five questions, each carrying 10 marks.
Intellectual Property Rights, Global scenario and the importance of Intellectual Property, Legislation - connotations of The Copyright Act, 1957, Entitlements under Copyright Act 1957; The Trademarks Act, 1999; significance of Trademarks, The Patent Act, 1970; Protection of ‘Inventions’ , The Designs Act, 2000 and The Geographical Indications of Goods (Registration and Protection) Act, 1999; International Aspect of the protection of Geographical Indications, The Protection of Plants & Varieties and Farmers Rights Act, 2001.
Intellectual Property Rights - definition, The Agreement on Trade-related aspects of Intellectual Property Rights (TRIPS), The World Intellectual Property Organization (WIPO).
Connotations of Copyright - Idea-Expression Dichotomy; The Copyright Act, 1957, definition and explanation of various works covered under Copyright (Literary, Dramatic, Musical, Artistic works; sound recordings, broadcasts etc.); criteria for protection, Authorship and ownership, Registration, Nature of the rights, Moral Rights, Related rights: Performers rights etc., Duration of Copyright, Infringement of Copyright, Exploitation and use of Copyright, Remedies, Recent developments in International Copyright Law; Indian Copyright Act 1957 - Landmark judicial pronouncements on Copyright Law by the Supreme Court of India.
What is a Trademark? - Beyond ‘Words’ and ‘Symbols’; position of Trademarks under Indian Trademarks Act, 1999 - prerequisites of being a Trademark, Types of trademarks, acquiring a Trademark, Absolute and Relative Grounds for refusal for Registration of a Trade Mark, Exploitation and Use of Trade Marks, Importance of protecting Trademarks, Trademark infringement, and Passing Off, Revocation, Remedies for Trade Mark Infringement; International developments.
Regime of Patent Rights - Social Interests vs Private Incentives, Monopoly debate; Patent Law in India (Patent Act, 1970) - Definition and Patentable Subject matter (Novelty, Inventive Step, Industrial Application), Non-patentable Inventions, Grant of Patents and Rights conferred thereby; Duration of Patent rights, Using the Invention/Process; Compulsory Licenses and Revocation, Suits concerning infringement of Patents, Appeals to the Appellate Board. Dynamics of International Patent Law with special reference to the interests of Developing Nations.
Concept of ‘Design’ under Designs Act, 2000 - Definition, criteria of Registration, Industrial Design rights granted in India; comparison with Copyright.
The Semiconductor Integrated Circuits Layout - design Act, 2000; definition, The Register and conditions for Registration, procedure and duration for registration, effect of Registration.
Geographical Indication of Goods - Understanding from the perspective of International Intellectual Property Rights regime; The Geographical Indications of Goods (Registration and protection) Act, 1999; Definition, conditions for Registration, Procedure and Duration, Effect of Registration, Advantages of Registration, who can apply and who is an Authorised User? Infringement of Geographical Indication and its Redressal; comparison with Trademarks. Suit for Infringement and Passing Off.
The Protection of Plants & Varieties and Farmers Rights Act, 2001, Subject matter, Registrable Plant Varieties in India, Non-Registrable Plant Varieties in India, Duration of Protection for a Registered Variety.
(i) Dispute Resolution Mechanisms
The Courts of Law, Tribunals (such as CAT, SAT, TDSAT, DRT, Rent, MACT, NGT etc.), Concept of Gram Nyayalay.
Overview of Court System in India; Judicial, Quasi-Judicial and Revenue Courts; Special Courts within the Judicial Courts System; Understanding the concept of Tribunals as Quasi-Judicial Forums; Jurisdiction of Revenue Courts
Purpose of establishing Central Administrative Tribunal, State Administrative Tribunals, Telecom Dispute Settlement Appellate Tribunal, Debts Recovery Tribunal, Rent courts, Motor Accident Claim Tribunal, National Green Tribunal in India - National and International concerns; Members of National Green Tribunal; jurisdiction of National Green Tribunal; Landmark decisions by National Green Tribunal; Role of ‘regulators’ in aiding the Tribunals.
Objectives of enacting Gram Nyayalaya Act, 2008 - Justice at grass-roots; Seat of Gram Nyayalaya; jurisdiction of Gram Nyayalaya; sanctity of order/judgement passed by Gram Nyayalaya.
(ii) Alternate Dispute Resolution
Arbitration, Conciliation, Mediation, Negotiations, Lok Adalats.
Section 89 CPC as source of ADR system (Conciliation and Mediation), Arbitration and Conciliation Act, 1996 - connotations of Arbitration and Conciliation, benefits of ADR system, which disputes can be covered; main differences between Arbitration and Conciliation; Arbitration with and without reference of Court; significance of Arbitral Award.
Difference among Arbitration, Conciliation and Mediation; sanctity of Settlement arrived through Mediation and Conciliation; encouraging ‘Out of Court’ Settlement in India -challenges and the way ahead.
Locating ‘legal basis’ of Lok Adalats; Purposes of holding Lok Adalat; basis of disposal of cases in Lok Adalats; concept of ‘Mobile’ Lok Adalat and National Lok Adalat.
Crime - Cognizable and Non-Cognizable; First Information Report (FIR); Law of Arrest; concept of Evidence; Relevancy and Admissibility of Evidence, rule of best evidence, basic structure of trial.
Difference between Cognizable offence and Non-Cognizable offence; complaint in general parlance - information to Police, Written and Signed, if Orally given: reduced to Writing by Police and read-over to the Informant, stating specific facts, Registration of FIR if offence is cognizable and if offence is non cognizable.
Confessional FIR and difference with Confession. Police bound to register FIR, Limited scope of Enquiry in certain cases; Evidentiary value of FIR in trial.
Legal meaning of Arrest; Arrest - how made; Entitlements of an Arrested person - intimation of grounds of Arrest, information about arrest to nominated person/s and bail, etc.; search and seizure from arrested person; person arrested not to be detained beyond 24 hours and ‘remand’ under section 167 Cr PC; legal position of Police ‘Torture’ during ‘Interrogation’.
General connotations of the term Evidence - Oral, Documentary and Material; Types of Evidence - Primary and Secondary: Best Evidence Rule; Direct and Indirect (hearsay) Evidence; Direct and Circumstantial Evidence; Meaning of Proof; Effect of Evidence - Proved, Disproved and Not Proved; Evidence and Proof - Cause and Effect.
Connotations of Relevancy of Evidence; facts in Issue and Relevant Facts; admissibility of Evidence vis a vis Relevance of Evidence.
Meaning of Criminal Trial; purpose of Criminal Trial; Basic features of a Criminal Trial with special reference to the Rights of Accused; Position of ‘Victim’ in a Criminal Trial - almost a ‘Forgotten Player’, recent trends of Law and Judicial Pronouncements.
Property, Ownership, Possession, Benami Property, Modes of devolution of property (like Sale, Mortgage, Gift, Lease, Will, Trust); Benami Transactions and the related Law.
Meaning of Property, - Benami Property, Introduction to Property Law; types of Property: Movable and Immovable, definition of ‘immovable property under S.3 TPA and S.3(26) General Clauses Act 1908. Transfer (Persons competent to transfer, mode of transfer of property); essentials for a Valid Transfer, doctrine of Election, Doctrine of Lis Pendens; meaning of sale, Rights and Liabilities of Buyer and Seller;
Meaning of mortgage with illustration, Rights and Liabilities of mortgager and mortgagee (lender), Meaning of exchange and Gift with illustrations, Meaning of Lease, Rights and Liabilities of Lessor and Lessee; Meaning of a Will, types of Will, person competent to make a Will, essentials for a Valid Will;
Trust, introduction to the Trust Act 1882, types of Trust, who may create trusts? Subject of trust, who may be beneficiary, who may be trustee, duties and liabilities of trustees, liability for breach to trust.
Concept of ‘Benami’ transaction; purpose of Benami transactions; transactions not considered as Benami; Benami Transaction (Prohibition) Act, 1988 and the Amendment Act, 2016 - Key Features.
Legal Services Authority Spirit of Article 39A of the Constitution of India; Legal Aid for the deserving sections of society; Common Service Centers.
Importance of Article 39A of the Constitution of India; implementing the spirit of free Legal Aid through Legal Services Authority Act, 1987 - key features; eligibility for getting free Legal Aid; Legal Services Authorities at various levels; role of Educational Institutions and Para Legal Volunteers; Legal Aid Camps; spreading Legal Literacy and providing Legal Aid - challenges and the way-forward, NALSA Regulations 2010 and selection of panel Lawyers for giving free legal aid - M. H. Hoskot Case.
Understanding the services of State Governments and the Government of India - Social Welfare, Health, Education, Agricultural schemes, etc., concept of inclusive-growth; village level Entrepreneur and making e-Services available to rural India through Common Service Centers.
Important Legal Maxims.
Meaning with illustrations of the following:
Prevention of Corruption Act, 1988; Lokpal and Lokayukta Act 2013 Negotiable Instrument Act, 1881; Competition Act, 2002; Direct Tax, Indirect Tax and the concept of GST; Food Safety and Standards Act, 2006, Human Rights Act, 1993 (with Amendment Act, 2006), NHRC, India, Information Technology Act, 2000, Motor Vehicle Act, 1988.
Object of Prevention of Corruption Act, 1988; Connotations of Public Servant and Corruption as judicially pronounced; concept of ‘Sanction’ from the Government;
Chief Vigilance Commissioner and Chief Vigilance Officers - Santhanam Committee Report, scope and limitation of Lokpal and Lokayukta Act 2013.
Legal connotations of the term ‘Competition’; significance of the term ‘Competition’ for developing countries in contemporary world; (Indian) Competition Act, 2002 - Notions of anti-Competitive Agreements, abuse of Dominance and Regulation of Combination; concept of Negotiable Instrument; Negotiable Instrument Act, 1881- Key features; Cases of ‘Cheque-bouncing’; special Negotiable Instrument Act Courts.
Concept of Direct Tax and Indirect Tax - Ability to ‘Shift’ Liability; concept of GST - CGST, SGST and IGST; one Indirect Tax for entire nation; Curious relationship of GST with direct tax Collection.
Importance of Food Safety and Hygiene; Food Business Operators; key features of Food Safety and Standards Act, 2006 - an ‘umbrella’ Act; functions of Food Safety and Standards Authority of India - Quality Assurance and Consumer Outreach.
Concept of Insurance; minimum requirement under Motor Vehicle Act, 1988 vis a vis Motor Insurance; Third Party Damage Insurance - Policy-holder at fault, position of injuries/damage sustained by policy-holder/his vehicle; Third Party Theft and Fire Insurance; Comprehensive Motor Insurance - coverage and exclusions;
Significance of Road Safety measures; Motor Vehicle Act, 1988 - Driving without Driving Licence, Owner’s liability if driven by other without License, age limits for getting Driving Licence under different categories of Vehicles; Using Mobile Phone while driving: manner dangerous to Public, leaving a Vehicle at rest in any public place: causing hindrance to traffic or otherwise, two-wheeler driving: more than one pillion rider, without helmet, documents to be shown to policeman: driving licence, registration certificate, insurance certificate and if it is a transport vehicle: permit and the fitness Certificate.